Item - 2024.CC18.11

City Council on May 22 and 23, 2024, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (May 8, 2024) from the City Solicitor.

2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Appendix A to the report (May 8, 2024) from the City Solicitor.

3. City direct that the balance of Confidential Attachment 1 to the report (May 8, 2024) from the City Solicitor remain confidential, as it contains advice that is subject to solicitor-client privilege.

The confidential instructions to staff in Confidential Attachment 1 to the report (May 8, 2024) from the City Solicitor were adopted by City Council and are now public as follows:

1. City Council accept the without prejudice supplementary offer to settle, dated May 6, 2024, and revised architectural plans, attached as Confidential Appendix A (the "Supplementary Settlement Offer") to the report (May 8, 2024) from the City Solicitor.

2. City Council authorize the City Solicitor and appropriate City Staff to attend the Ontario Land Tribunal hearing on this matter in support of the revised development proposal generally described in the Supplementary Settlement Offer.

3. City Council instruct the City Solicitor to request the Ontario Land Tribunal to withhold its Order until the City Solicitor has advised the Ontario Land Tribunal that:

a. the final form and content of the Official Plan and Zoning By-law Amendments are to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning;

b. the owner has provided a revised Functional Servicing Report, Stormwater Management Report, Municipal Servicing and Grading Plan, and any other reports or documents deemed necessary in support of the development to the City for review and acceptance by and to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

c. the owner has entered into a financially secured agreement to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services for the construction of any improvements to the municipal infrastructure, at the owner's sole expense, should it be determined that upgrades are required to support the development as identified in the accepted Functional Servicing and Stormwater Management Reports or other reports accepted by the Chief Engineer and Executive Director, Engineering and Construction Services;

d. the owner has submitted, and City Council has approved, a Rental Housing Demolition application under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006, to permit the demolition of the existing 66 rental dwelling units on the lands;

e. the owner has provided an acceptable Tenant Relocation and Assistance Plan, including the right for the tenants of the two existing rental units who resided on the lands at the time of the 2007 Application to return to a new rental unit on the lands at similar rent or a replacement rental unit at 105 Harrison Garden Boulevard at similar rent, the provision of alternative accommodation in the form of rent gap payments to all tenants, and other assistance to mitigate hardship, all to the satisfaction of the Chief Planner and Executive Director, City Planning, to be secured in an agreement pursuant to Section 111 of the City of Toronto Act;

f. the owner has submitted a parking justification study, to the satisfaction of the General Manager, Transportation Services; and

g. the owner shall prepare a Construction Mitigation Plan to address existing tenants on the Property, to the satisfaction of the Chief Planner and Executive Director, City Planning, to be implemented by the owner in the event that the proposed development is phased.

4. City Council authorize the City Solicitor to take all necessary actions to implement City Council's decision.

Confidential Appendix A to the report (May 8, 2024) from the City Solicitor is now public and can be accessed under Background Information (City Council).

The balance of Confidential Attachment 1 to the report (May 8, 2024) from the City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege.